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ARCHIVED - Notice of Conclusion of Reinvestigation
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Bicycles from Chinese Taipei and the People's Republic of China
July 9, 2008
This notice is to advise that, on July 9, 2008, the Canada Border Services Agency (CBSA) concluded its re-investigation of the normal values and export prices of bicycles originating in or exported from Chinese Taipei and the People’s Republic of China (China) pursuant to the Special Import Measures Act.
The subject goods are described as bicycles, assembled or unassembled, with wheel diameters of 16 inches (40.64 cm) and greater, excluding bicycles with an FOB Chinese Taipei or China selling price exceeding CAD $225, and excluding bicycles with foldable frames and stems.
The re-investigation is part of the CBSA’s ongoing enforcement of the Tribunal’s finding of December 11, 1992. This finding was subsequently reviewed and continued on December 10, 2007.
Thirty-four exporters responded to the CBSA’s Request for Information concerning dumping. The information received from these parties was analyzed and an on-site verification was conducted for three Chinese companies and one company in Chinese Taipei. Appendix 1 contains a list of the exporters that, based on the results of this re-investigation, can request interim normal values for 2009 models.
Submissions received from Shenzhen BoAn Co. Ltd., an exporter located in China, and from Top Image International Inc., an exporter located in Chinese Taipei, during this re-investigation were insufficient to enable the CBSA to confirm normal values for these two companies. Consequently, interim normal values for these two companies have been revoked.
The subject goods are normally imported into Canada under one of the following ten-digit Harmonized System classification numbers:
| 8712.00.00.12 | 8712.00.00.20 | 8712.00.00.30 | 8712.00.00.40 |
| 8712.00.00.50 | 8712.00.00.90 | 8714.91.90.00 |
The application of normal values and export prices to the subject goods is outlined below:
- Where interim normal values for the 2007 and 2008 model years were found to be significantly understated overall, or could not be verified, all interim normal values for the model years were recalculated and finalized. The finalized values will apply retroactively to all models that were released from customs after September 1, 2006 or September 1, 2007. This may result in additional anti-dumping duties being assessed against the importers of these goods.
- Normal values for models of subject goods for which interim normal values have not been established by the CBSA or those goods that have not been clearly identified on the customs documentation will be determined by advancing the export price of the goods by 64%, pursuant to ministerial specification.
- The CBSA will issue interim normal values for 2009 models beginning July 9, 2008, upon request and based on information submitted by exporters. The 2009 interim normal values and export prices will normally remain in effect until August 31, 2009. The CBSA will periodically review the interim normal values and finalize them as appropriate. Importers and exporters will be notified at the start of any such review.
Importers are advised that if the exporter fails to provide a complete and accurate submission when required to do so during a future re-investigation, the finalized 2009 normal values will be based on the best information available. This may result in retroactive assessments of additional dumping duties against the importer as high as 64% of the export price for all imports of subject bicycles purchased from that exporter since September 1, 2008. The exporters have been made aware of the need to provide complete and accurate information to the CBSA in future re-investigations.
To ascertain their liability for anti-dumping duty, importers should contact the exporters to obtain the applicable interim normal values. For further information on this matter, refer to Memorandum D14 1-2, Disclosure of Normal Value and Export Price Established Under the Special Import Measures Act to Importers.
Importers are reminded that it is their responsibility to calculate and declare their anti-dumping duty liability. If importers are using the services of a customs broker to clear importations, the brokerage firm should be advised that the goods are subject to anti-dumping measures and be provided with sufficient information necessary to clear the shipments.
The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping duties. As such, failure to pay the duties within the prescribed time will result in the application of the interest provisions of the Act.
Should the importer disagree with the determination made on any importation of goods, a request for re-determination may be filed with the Director General of the Trade Programs Directorate, Ottawa, ON, K1A 0L8. Such a request must be received within 90 days from the making of the determination in the form and manner outlined in Memorandum D14-1-3, Procedures for Making a Request for a Re-determination or an Appeal of Goods Under the Special Import Measures Act.
Any questions concerning the above should be directed to:
SIMA Registry and Disclosure Unit
Anti-dumping and Countervailing Program
Canada Border Services Agency
11th Floor
100 Metcalfe Street
Ottawa ON K1A 0L8
E-mail: simaregistry-depotlmsi@cbsa-asfc.gc.ca
Fax: (613) 948-4844
Officers:
Brian Hodgson 613-954-7237
Brian.Hodgson@cbsa-asfc.gc.ca
Véronique Pouliot 613-954-1641
Veronique.Pouliot@cbsa-asfc.gc.ca
Appendix 1
Exporters who can request interim normal values for 2009:
United States
Specialized Bicycle Components, Inc.
Trek Bicycle Co.
Chinese Taipei
A-Pro Tech Co. Ltd.
Exactitude International Co., Ltd.
Fairly Bike Manufacutring Co., Ltd.
Giant Manufacturing Company Ltd. (Giant TW)
Kenstone Metal Co., Ltd
Southern Cross International Co., Ltd.
United Engineering Corp. (TW)
Willing Industry Company Ltd.
China
Acetrikes Bicycles (Taicang) Co., Ltd.
Alliance Cycle Industry Co., Ltd.
Ching Tong Shan Enterprises (Shenzhen) Co., Ltd.
Chitech Industries II Ltd.
Giant Bicycle Co., Ltd.
Guangdong Tandem Industries Co., Ltd.
Hua Chin Bicycle (S.Z.) Co., Ltd
Ideal Bicycle (Dong Guan) Co.
Kenstone Metal (Kunshan) Co., Ltd.
Kenton Bicycle Group Ltd.
Merida Bicycle (China) Co., Ltd.
Merida Industry (Hong Kong) Co., Ltd.
Ningbo Everich Bicycle Co., Ltd.
Overlord Industries (Shenzhen) Co., Ltd.
Oyama Bicycles (Taicang) Co., Ltd.
Shanghai General Sports Co., Ltd
Shanghai Giant and Phoenix Bicycle Co., Ltd.
Shenzhen Xi De Sheng Bicycle Co., Ltd.
Universal Cycle Co. (Guangzhou)
Yebao Bicycles Inc. (Shenzhen) Co., Ltd.
Yong Qi (Changzhou) Bicycle Industrial Co., Ltd
